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34
Case 1:06-cv-13210-LLS Document 34 Filed 03/13/2007 Page 1 of 14
ORIGINAL
I
UNITED STATES DISTRICT COlTRT FOR THE
SOUTHERN DISTRICT OF NEW YORK
Plaintiffs,
VS.
3z
-
'
I ROBERTS & COMPANY; Case No.: 06 CV 13210 (LLS)
DUBILIER &
BLACKSTONE MOTION TO ADMIT
H. LEE DAVID A. HIGBEE, ESQ.
PRO HAC WCE
D E A R B O ~ A R T N E R S APOLLO
;
1 MANAGEM NT LP; PROVIDENCE EQUITY
PARTIVERS; MERRILL LYlVCH AlVD CO., INC.;
AND WARBURG PINCUS, LLC.,
Defendants.
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PURSUANT TO RULE 1.3(c) of the Local Rules of the United States ~ i s t r i c t
CI
Courts for the Southern and Eastern Districts of New York, and upon the accompanying
Declaration of Wesley R. Powell and the certificate of good standing annexed thereto, I,
Wesley R. Powell, a member in good stand.ing of the bar of this Court, hereby move for
an Order allowing the admissionpro hac vice of:
Mr. Higbee is a member in good standing of the Bar of the State of Maryland.
Dockets.Justia.com
Case 1:06-cv-13210-LLS Document 34 Filed 03/13/2007 Page 2 of 14
Thcre are no bending disciplinary proceedings against Mr. Higbee in any State or Federal
Court.
Date: New p r k , NY
March 12,2007
Respectfully submitted,
L.A. M U R P ~ YMARVIN
, STERNHELL and
HENOCH ~ I M A Non , their own behalf and on
behalf of all olhers similarly situated,
I
I Plaintiffs,
VS.
KOHLBERG KRAVIS
ROBERTS & COMPANY; Case No.: 06 CV 13210 (LLS)
CARLYLE GPOUP; CLAYTON, DUBILIER &
rf:
RICE; SILVE LAKE PARTNERS; BLACKSTONE
GROLTP; BA CAPITAL LLC; THOMAS H. LEE
PARTNERS; E X A S PACIFIC GROUP: MADISON
DECLARATION OF
WESLEY R. POWELL IN
SUPPORT OF MOTION TO
DEARBORN PARThTERS; APOLLO ADNIIT COUNSEL PRO
MANAGEMENT LP; PROVIDENCE EQUITY HAC VICE
PARTNERS; MERRILIJ LYNCH AND CO., INC.;
AND WARBlJRG PINCUS, LLC.,
Defendants.
1. I am a member of the bar of this Court and a partner of the law firm of
Hunton & Williams L,LP, counsel for Defendant Silver Lake Partners in the above-
captioned actian. I make this Declaration in support of the motion for an order admitting
David A. Higbee pro huc vice to the bar of this Court pursuant to Local Rule 1.3(c) of the
Local Rules of the United States District Courts for the Southern and Eastern Districts of
~
New York.
Williams LLP In Washington, D.C. He is a member in good standing of the Bar of the
Case 1:06-cv-13210-LLS Document 34 Filed 03/13/2007 Page 4 of 14
State of Mar$land. A certificate of good standing for Mr. IIigbee obtained from the Bar
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3. , I agree to act as local counsel for Mr. Higbee and to observe the Rules of
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4. I respectfully request that Mr. Higbee be admitted pro hac vice to the bar
I
of this Court for the purposes of appearing on behalf of defendant Silver Lake Partners in
I
I hereby declare under penalty of perjury that the foregoing is true and correct.
~ u n t o n& Willian~sLLP
200 Park Avenue
New York, NY 10 166
Telephone: (2 12) 309-1 000
Facsimile: (21 2) 309-1 100
1
having first tr ken and subscribed tlze oath prescribed by the Constitution and
Laws of this state, was admitted as an attorney of said Court, is now in good
standing, and las such is entitled to practice law in any o f the Courts of said
State, subject io the Rzrles of Court.
Plaintiffs,
vs.
k
RICE; SILVER AKE PARTNERS; BLACKSTOWE
GROUP; BAIN 'APITAL LLC; THOMAS H. LEE
PARTNERS; TEKAS PACIFIC GROIJP; MADISON
ORDER GRANTING
MOTION FOR ADMISSION
OF DAVID A. HIGBEE,
DEARBORN PARThTERS; APOLLO ESQ., PRO HAC VICE
MANAGEMENT LP; PROVIDENCE EQUITY
PARTNERS; MERRILL LYNCH AND CO., INC.;
AND WARBURG PINCUS, LLC.,
Defendants.
Upon the motion Wesley R. Powell, attorney for Defendant Silver Lake Partners, and
is admitted to practice pro hac vice as counsel for Defendant Silver Lake Partners in the
above cap$oned case in the United States District Court for the Southern District of New
York. ~ l l attorneys
i appearing before this Court are subject to the Local Rules of this
Court, inclbding the Rules governing discipline of attorneys. If this action is assigned to
Case 1:06-cv-13210-LLS Document 34 Filed 03/13/2007 Page 8 of 14
the Electtonic Case Filing (ECF) system, counsel shall immediately apply for an ECF
passwordat nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of
Court.
68730.000003 NEW-YQRK 2 4 3 2 0 6 ~ 1
Case 1:06-cv-13210-LLS Document 34 Filed 03/13/2007 Page 9 of 14
Case 1:06-cv-13210-LLS Document 34 Filed 03/13/2007 Page 10 of 14
DECLARATION OF SERVICE
9 1746, that:
I am Man+ging Clerk at the law firm of Hunton & Williams LLP, attorneys for Defendant
That on Mkirch 13, 2007, I served a true copy of the attached Motion for Admission Pro
Wac Vice, via Firslt Class Mail on all counsel at the address listed on the attached service list, by
depositing the saqe in a duly enclosed and sealed wrapper. with the correct postage thereon, in
an official letter box duly maintained by the Government of the United States of America within
I declare under penalty of perjury that the foregoing is true and correct.
7 -
~ r a d f o r dC. Mulder
Case 1:06-cv-13210-LLS Document 34 Filed 03/13/2007 Page 11 of 14
SERVICE LIST
2
William J. Baer, sq.
ARNOLD & PO TER LLP
555 ~ w e l l t hstredt. NW
Washington, DC 20004
Attorneys for De*ndant
Attorneys for Defdndant Tarrant Partners, LLP
(sued herein as Tdxas PaciJic Grozp)